(a)
Collectors providing regular solid waste handling services shall deposit as security
with the resource recovery and waste management division a cash bond in the minimum
sum of one hundred thousand dollars or a valid surety bond in the same amount, or
in any greater amount pursuant to the terms and conditions of the franchise or contract,
furnished by a corporate surety admitted to do business in the state, or an irrevocable
letter of credit in the same amount, in a form approved by county counsel, payable
to the county. The security instrument shall meet or exceed the requirements of the
franchise or contract. The amount of the security required of collectors providing
unscheduled solid waste handling services shall be twelve thousand five hundred dollars.
The security shall be conditioned upon the full and faithful performance by the collector
of his or her obligations under the applicable provisions of this chapter and shall
be kept in full force and effect by the collector throughout the life of the franchise
or contract.
(1)
The security shall guarantee payment to the county to defray costs incurred by the
county to correct problems resulting from the negligent or intentional acts or omissions
of the collector in violation of applicable provisions of this chapter.
(2)
Such security shall not limit the county's remedies with respect to any acts or omissions
of the collector which damage the county.
(b)
Each collector providing regular and unscheduled solid waste handling services shall
appear and defend, indemnify and save the county, its officers, employees and agents
harmless of and from all claims, demands, actions, or causes of action of every kind
and description resulting directly or indirectly, arising out of, or in any way connected
with activities of the collector or its employees, agents and subcontractors, or arising
or resulting from the failure of collector or its employees, agents and subcontractors
to comply in all respects with the provisions and requirements of this chapter, and
all applicable laws. If the county is required to provide its own defense against
any such action or suit, the collector shall reimburse the county for all attorney's
fees and other costs incurred by the county. The county shall have the right to select
its own counsel for such defense.
(c)
Each collector providing regular and unscheduled solid waste handling services shall
obtain and keep in force during the term of the franchise, contract, or permit single
limit or equivalent public liability insurance for bodily injury or death and property
damage arising or resulting from the operations of the collector, its employees, agents
and subcontractors in conducting services covered by such franchise or contract in
an amount not less than one million dollars and workers compensation insurance covering
all employees of the holder. Copies of such policies, or certificates evidencing such
policies, shall be approved by the county counsel and filed with the county clerk,
and the county shall be named thereon as an additional insured. All policies shall
contain provisions requiring a thirty-day notice to be given to the county prior to
cancellation, modification or reduction of limits or failure to renew such insurance,
whether by the insurer or the insured, and whether by nonpayment of insurance, false
certification or otherwise. No franchise, contract, or permit shall be granted under
the provisions of this chapter, nor shall any such franchise, contract, or permit
be valid after issuance, unless there is at all times in full force and effect such
described liability insurance. To the extent permitted by law, and if approved by
the county, all or any part of any required insurance may be provided under a plan
of self insurance.
